The Madras High Court has set aside a Family Court order that directed a man to pay interim maintenance of ₹30,000 per month to his wife, holding that she was already financially secure through immovable properties and substantial dividends from a company.
Justice P.B. Balaji passed the order while partly allowing a petition filed by the husband, who had challenged the Family Court’s January 27, 2023, ruling.
The husband had originally approached the Family Court seeking dissolution of marriage. In response, his wife filed a petition seeking interim maintenance for herself and their son. The Family Court directed him to pay ₹30,000 per month to both. Aggrieved by the direction to support his wife in addition to the child, the husband moved the High Court.
Justice Balaji noted that, as per the principles laid down by the Supreme Court in Rajnesh v. Neha, interim maintenance should be based on the genuine requirement of the applicant. In this case, the judge found that the wife possessed immovable properties and was earning substantial dividends, making additional support unnecessary.
“I do not find that the respondent requires any further amounts by way of interim maintenance to lead a comfortable lifestyle,” the judge observed.
The court emphasized that the Family Court had not properly considered the wife’s financial position before granting her interim maintenance. It had instead focused mainly on the needs of the couple’s son.
The High Court clarified that the ₹30,000 monthly maintenance awarded for the minor son would continue, as neither party had challenged it. The judge also recorded that the husband had been paying the amount regularly and had borne additional expenses, including ₹2.77 lakh for the child’s NEET examination fees.
“In view of the above, I am inclined to interfere with the order passed by the Family Court,” Justice Balaji said, setting aside the order granting interim maintenance to the wife while maintaining support for the son.
